Student sues Shawnee Mission school district for reported sexual assault at study hall

OVERLAND PARK, Kan. -- A Johnson County middle school student and her father are suing the Shawnee Mission school district.

According to court documents, the female student attended Westridge Middle School and said that a male student sexually assaulted her during study hall in May.

Overland Park police said no criminal charges have been filed in this case. FOX 4 obtained information in a federal civil lawsuit.

Court documents state that earlier this year in a study hall classroom, a male student "forcibly put his hands down" a classmate's pants "and penetrated her."

The lawsuit says this was entirely against the girl's will, she was shocked and frightened, and that two teachers were present in the classroom at the time.

Court documents say the school was "made aware" of what happened within a few days.

The lawsuit claims the boy had been the subject of three previous sexual assault allegations, but the victim's father believes school officials did not report them to police.

The court records state that the alleged perpetrator was eventually given a 10-day suspension, but was allowed to apply non-school days occurring during spring break toward his 10-days of suspension.

The head of the district's police department told FOX 4 that they're absolutely required to report allegations like this, and that they're taken very seriously. FOX 4 has reached out to the parents' attorney but haven't heard back.

The school district emailed a statement to FOX 4:

The district has not been served with any legal documents on this inquiry. We can say, without reservation, that the investigation determined these allegations have been deemed untrue and inaccurate. The district cannot comment any further, however we look forward to presenting the accurate information at the proper time and place.